Mumbai court dismisses cop's defamation plea against ArnabPTI | Mumbai | Updated: 09-04-2021 13:14 IST | Created: 09-04-2021 13:03 IST
A session court here has dismissed criminal defamation complaint filed by a Mumbai police officer against Republic TV editor-in-chief Arnab Goswami over certain claims made during the coverage of the Sushant Singh Rajput death case.
The plea, by Deputy Commissioner of Police (DCP) Abhishek Trimukhe, was dismissed by the court on April 1, but a detailed order was made available on Thursday.
The complainant had alleged that there were some tweets by Goswami and others which misrepresented him.
Additional sessions judge Uday Padwad found that Trimukhe's complaint was not in conformity with the mandatory requirement ofsection199(2)of the CrPC for the court to take cognizance.
As per provisions of 199(2) of the CrPC, any offence falling under Chapter XXI of the Indian Penal Code (45 of 1860) is alleged to have been committed against a public servant in connection with the discharge of his public functions, a court of the session may take cognisance of such offence upon a written complaint by a public prosecutor.
Upon perusal of the complaint submissions made before the court, the judge noted the complaint, in this case, was filed by the DCP himself and not through a public prosecutor.
The judge, however, said the complainant can take his grievances to a magistrate court.
''It is not that the aggrieved public servant against whom the said offenceisallegedtohavebeencommitted has no forum to take his grievances to. Hehastheremedytomake a complaint before the competent magistrate,'' the court said.
''His filing of the complainteventhroughthe public prosecutor, however, would not confer any jurisdiction on thiscourttotake cognisance of the alleged offence,'' it added.
The DCP had filed the complaint in February under Indian Penal Code sections 499, 500 (defamation), and 501 (printing or engraving matter known to be defamatory).
Goswami made ''grossly false'', ''malicious'' and ''defamatory'' statements during the coverage of actor Rajput's death in June last year, the police officer had claimed.
The 34-year-old Bollywood actor was found dead in his apartment in suburban Bandra.
''The said defamatory attacks have been made with a singular view of assassinating his (Trimukhe's) official character and thereby...maliciously and deliberately causing undue humiliation of the Mumbai Police Department,'' the complaint had said.
Goswami also tweeted the contents of the telecast to a larger audience, the complaint said.
(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)